Agenda item

Vaynol Arms, Pentir, Bangor, Gwynedd

 

To consider the application

To grant the application

Applicant                   David Hughes

 

Local Member           Councillor Menna Baines

 

Officers:                     Ffion Muscroft (Environmental Health Officer)

 

Apologies were received from Dr Wyn James and Dr Caroline Lamers (local residents)

 

The Chair welcomed everyone to the meeting. The Chair highlighted that all parties would be allowed up to 5 minutes to make their representations.

 

 

 

a)    The Licensing Department's Report

 

Submitted – the report of the Licensing Manager giving details of the application for a premises licence for Vaynol Arms, Pentir, Bangor which was a public house and restaurant with an outdoor area at the back of the premises.  The application was made in relation to playing recorded music on the premises, playing live music, late night refreshments and the sale of alcohol, on and off the premises.

 

It was noted that the Licensing Authority Officers had sufficient evidence that the application had been submitted in accordance with the requirements of the Licensing Act 2003 and the relevant regulations. Reference was made to the measures that had been recommended by the applicant to promote the licensing objectives, and it was highlighted that these measures would be included on the licence.

 

Attention was drawn to the responses that had been received during the consultation period. It was noted that objections had been received from neighbouring residents, that were relevant to the licensing objectives. Concerns were expressed regarding noise matters and an increase in traffic and parking matters and it was suggested that the hours for the sale of alcohol should be reduced until 23:00 during the week and Sundays, and until 00:00 on Fridays and Saturdays.  Observations had been received from the Public Protection Department outlining concern regarding the hours to play live music outdoors.  It was highlighted that the applicant had agreed to withdraw this and to request live and recorded music only for the indoors of the premises. 

 

It was recommended that the Committee approved the application in accordance with the observations of Public Protection and the requirements of the Licensing Act 2003

 

In considering the application, the following procedure was followed:-

 

• Members of the Sub-committee and the applicant were given the opportunity to ask questions to the Licensing Manager.

• The applicant was invited to expand on the application.

• Consultees were given an opportunity to present their observations.

• The licensee, or their representative, was invited to respond to the observations.

• Members of the Sub-committee were given an opportunity to ask questions to the licensee.

• Members of the Sub-committee were given an opportunity to ask questions to the consultees.

 

in elaborating on the application, the applicant noted:

·         That the business had been using temporary events notices, however, by now he wanted to avoid using these 

·         That he was focusing on running a restaurant business rather than a public house

·         The previous licence of the public house permitted opening up to 01:00 - there was no intention to open until 01:00 - staff wanted to go home 

·         Food service would end at 20:30

·         That the hours were for occasional use such as staging weddings and/or promoting and supporting community events

·         He had agreed to withdraw the playing of live music outdoors from the application

·         He wanted to work jointly with the community

 

In response to a question regarding how the licence holder would alleviate community concerns, it was noted that the public house had been on the site for many years.  It was added that new windows had been installed together with signage requesting visitors to respect neighbours and to be quiet when leaving the public house.  He also noted that he had been using temporary notices for three weeks without causing any trouble.

 

The Licensing Manager confirmed that the applicant had removed the playing of music outdoors from the application and had agreed to the Public Protection conditions to control noise.  She added that the requirements of the licence were lower than the previous licence. 

 

The consultees in attendance took the opportunity to expand on the observations they had submitted by letter.

 

Ffion Muscroft (Environmental Health Officer)

·         Initial concerns regarding outdoor noise had by now been satisfied following a discussion with the applicant to amend the application.

·         It was accepted that the applicant wanted to focus on running the restaurant

·         A request for the applicant to consider the noise conditions

 

Local Member Councillor Menna Baines

·      She welcomed the re-opening of the public house, however, there were concerns amongst the community regarding the opening hours, noise nuisance and an increase in traffic.  She stressed that there was no wish to see the premises close following re-opening, however, the concerns had to be discussed

·      Concern that late opening would be a regular feature - occasional events were accepted, however, was it possible to consider reducing the hours? 

 

In response to a comment regarding the hours, the Licensing Manager noted that the application's hours were acceptable within a community area and the applicant had sought hours that were more than the proposal because of the flexibility to make use of the 'occasional'

 

Taking advantage of the opportunity to summarise the case, the applicant noted the following points:

·         The application hours were no later than the previous application

·         He was willing to work with the Public Protection Department in the future

·         He confirmed that he was willing to accept the noise conditions

·         That he ran a small company that was trying to generate business - he had another two public houses in the area

 

The applicant, the consultees and the Licensing Manager withdrew from the meeting while the Sub-committee members discussed the application.

In reaching its decision, the Sub-committee considered the written representations submitted by interested parties and the Licensing Officer's report together with verbal comments from each party at the hearing. The Council's Licensing Policy and Home Office guidelines were considered. All considerations were weighed up against the licensing objectives under the Licensing Act 2003, namely:

                             I.i.            Prevention of crime and disorder

                           I.ii.            Prevention of public nuisance

                         I.iii.            Ensuring public safety

                         I.iv.            Protection of children from harm

RESOLVED to approve the application

 

The licence was issued as follows:

 

1.    Opening hours

Sundays: 11:00 - 00:30

Friday - Saturday: 11:00 – 01:30

 

2.    Live music indoors

Sundays: 11:00 - 23:00

Friday - Saturday: 11:00 – 00:00

 

3.    Recorded music indoors

Sundays: 11:00 - 23:00

Friday - Saturday: 11:00 – 00:00

 

4.    Late night refreshments 

Sunday - Saturday: 23:00 – 00:00

 

5.    Supply of alcohol to be consumed on and off the premises

Sundays: 11:00 - 00:00

Friday - Saturday: 11:00 – 01:00

 

6.    Matters prescribed in the Schedule of Actions (Section M) of the application are incorporated as conditions on the licence.

 

7.    Incorporated as licence conditions the recommended noise control conditions as recommended by Public Protection.

 

All parties were thanked for making representations on the application.

 

The Sub-committee gave due consideration to all the representations. The Sub-committee disregarded observations that had been submitted, on the basis that they were not relevant to the licensing objectives

 

Specific consideration was given to the following.

 

Observations had been received from members of the public (neighbouring residents) objecting to the application referring to the licensing objectives of preventing public nuisance and ensuring public safety. In summary, concerns were expressed that granting the licence would be likely to lead to an increase in noise and traffic in the area. Observations had been received from the Public Protection Department recommending conditions to control noise and it was confirmed that the applicant had agreed to remove the request to play live music outdoors.

 

The Sub-committee gave due consideration to all the representations. The Sub-committee disregarded observations that had been submitted, on the basis that they were not relevant to the licensing objectives

 

Specific consideration was given to the following.

 

The Sub-committee highlighted that it accepted that some concerns expressed regarding the application were genuine. However, the Sub-committee was of the opinion that insufficient evidence had been submitted to prove that these problems were likely to happen should the licence be granted, and that it would be contrary to the licensing objectives.

 

A concern was highlighted that granting the licence would lead to an increase in noise problems and as a result would undermine the licensing objective of preventing public nuisance.  However, no evidence had been submitted to support the allegation beyond general allegations that could be attributed to any licensed premises nearby, and it was not explained why these premises in particular would be likely to cause a noise problem more than others. No evidence was submitted regarding the number, density, frequency of potential incidents of noise should the licence be granted and without this data it was impossible for the Sub-committee to come to a decision that the issues anticipated would be likely to reach the threshold of public nuisance considerations under law. It appeared that the observations had been submitted based on speculation and not evidence - this was not legal grounds to make a decision - according to the High Court in R (on the application of Daniel Thwaites Plc) v Wirral Borough Magistrates Court [2008] EWHC 838 (Admin). Consequently, the Sub-committee did not see any grounds for granting the licence  for shorter hours (as requested by residents in their observations), than what was requested by the applicant.

The applicant confirmed that he had withdrawn his original application for a licence to play live music outdoors and that he was satisfied with the noise control conditions recommended by the Public Protection Department.  Under the circumstances, the Sub-committee dealt with these matters as amendments to the application. 

 

In considering concerns about road safety, lack of parking spaces and increase in traffic, it was accepted that in principle these concerns could be relevant to the objective of protecting public safety. However, these concerns were based on the grounds of speculation rather than evidence and had not been supported by the Police, Fire and Rescue Service, Ambulance Service and the Council's Highways Service.  If approving the application was likely to create an increase in traffic that would cause a risk to road safety, the Sub-committee would have expected that observations from the official agencies would highlight this.   In light of the lack of evidence and observations from experts in the field, the Sub-committee had not been persuaded that granting the licence was likely to undermine the licensing objective of ensuring public safety.

 

While the Sub-committee understood and accepted the concerns of residents about the application, a decision had to be made on legal grounds and based on robust evidence that was relevant to one or more of the licensing objectives. Under the circumstances, the Sub-committee was satisfied that the amended application was in accordance with the four licensing objectives. The application was approved.

 

The Solicitor reported that the decision would be confirmed formally by letter to everyone who was present. He added that all parties to the application had the right to submit an appeal to Caernarfon Magistrates' Court against the Sub-committee's decision. Any such appeal should be lodged by giving notice of appeal to the Chief Executive, Llandudno Magistrates’ Court, Llandudno within 21 days of the date that the appellant receives the letter (or a copy of the letter) confirming the decision.